FIRST LAW

Succession Act, 1925 - S.301 - Will -  Removal of executor or administrator and provision for successor - W hether the application under Section 301 of the Succession Act can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed '.

The expression "Will" is defined by Section 2(h) of Indian Succession Act, 1925 to mean the legal declaration of "the intention" of a testator with respect to his property "which he desires to be carried into effect after his death". 

The Apex Court in H. Venkatachala Iyengar v. B.N. Thimmajamma,  AIR  1959 SC 443  laid down the following prepositions on the nature and standard of evidence required to prove a Will:-